Tuesday, August 9, 2011

IS MY HUSBAND LEGALLY REQUIRED TO PAY MY ATTORNEY’S FEES?

QUESTION: My Husband filed for Divorce to marry Homewrecker. He left me, and our children with nothing. He Promised to pay Attorney Costs in Summons, but he won't give me any money for an Attorney. What can I do?


MY RESPONSE:

I'm not sure what you mean: "Promised to pay Attorney costs in Summons" because the Summons is a form which has no place for such matters.

I assume that you mean that he checked one of the boxes under item 7.e. on the Petition (not the Summons), under which he requested that the Court make orders for payment of attorney's fees by one party to the other party.

You might re-check the Petition to see if he asked that the Court order that he, or that you, pay attorney's fees.

If your husband earns a decent living, you may be able to find an attorney to either represent you on a Limited Scope basis to file a Divorce and an Order to Show Cause [OSC] for Attorney's Fees to thereafter fund full retention, or to represent you from the start on a full retainer basis, to file a Divorce and an OSC for Attorney's fees (as well as for Child Custody, Child Support, and Spousal Support) to enable you to be represented throughout the case.

The Elkins Legislation that became effective January 1, 2011 encourages Courts to make attorney's fee orders early on, to level the playing field between divorcing parties with disparate incomes.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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